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HomeMy WebLinkAboutORD NO 3520ORDINANCE NO. 3 ~_2 0 AN ORDINANCE AMENDING SECTION 17.08.150 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SPECIAL DWELLING SETBACKS. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing regarding an amendment to Section 17.08.150 modifying dwelling setbacks from property zoned agricultural or residential suburban, and adding special dwelling setbacks from freeway and railroad right-of-ways; and WHEREAS, by Resolution No. 10-93 on March 4, 1993, the Planning Commission recommended approval and adoption of said ordinance amendment and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the law and regulations relating to CEQA and City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, the City Council has determined after due consideration of the recommendation of the Planning Commission herein on file that the proposed ordinance amendment should be authorized. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. 1. All of the foregoing recitals are hereby found to be true and correct. 2. The findings contained in Planning Commission Resolution No. 10-93 are hereby adopted as the Council's own. SECTION 2. Section 17.08.150 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.08.150 Special dwelling setbacks. A. No dwelling or any part thereof shall be placed or constructed within fifty (50) feet of any lot line which adjoins property zoned agricultural or residential suburban, unless the property upon which the dwelling is placed or constructed is itself within one of the said zones. ORIG;~AL B. No dwelling or any part thereof shall be placed or constructed within thirty (30) feet of any freeway or railroad rights-of-way. C. The provisions in subsections A and B of this section shall not apply to accessory buildings; setbacks of said accessory buildings shall be subject to Section 17.08.130. SECTION 3. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. .......... 000 ......... -2- ORIG;NA. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR 2 ~ 1,q93 , by the following vote: AYES: COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, I~AUNNI, FANE, MoDERMOTT 8ALVAGGIO NOES: COUNCILMEMBERS KJg)nLo . ABSENT COUNCILMEMBERS: M~ ~ ABSTAIN COUNCILMEMBERS' ~ Ov~ ,~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 8 1993 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: W~-~NCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield JE:pjt April 26, 1993 res\osb.cc -3- ORIGi;~.~A L EXHIBIT "A" Section 17.08.150 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.08.150 Special dwelling setbacks. A. No dwelling or any part thereof shall be placed or constructed within fifty (50) feet of any lot line which adjoins property zoned agricultural or residential suburban, unless the property upon which the dwelling is placed or constructed is itself within one of the said zones. B. No dwelling or any part thereof shall be placed or constructed within thirty (30) feet of any freeway or railroad right-of-ways. C. The provisions in subsections A and B of this section shall not apply to accessory buildings; setbacks of said accessory buildings shall be subject to Section 17.08.130. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 3rd day of May, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3520 passed by the Bakersfield City Council at a meeting held on the 28th day of April, 1993, and entitled: By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield